ILN: BUYING AND SELLING REAL ESTATE - AN INTERNATIONAL GUIDE

BUYING AND SELLING REAL ESTATE IN ENGLAND AND WALES 111

property in England was introduced on 1 April 2021. o Various reliefs may apply, such as a reduced rate of tax for purchasers of multiple dwellings. These are complex and outside the scope of this guide. o With regard to leases, a 1% rate of SDLT will be due on the net present value of the rent, above £125,000 (residential) or £150,000 (non- residential/mixed), which is calculated using a formula that considers various factors, including the fact that rents to be received in the future have a lower value than rents received immediately. o For commercial leases, where the net present value exceeds £5m, the rate of SDLT for the proportion of the net present value above £5m is 2% rather than 1% o A 15% SDLT rate applies to the entire purchase price when residential real estate costing more than £500,000 is acquired by certain “non -natural persons” ( NNP s). These include companies and partnerships with a corporate partner but not trustees. Relief from the 15% charge (with the effect that the normal rates apply) may be claimed by NNPs carrying on real estate development or using real estate for commercial renting to third parties. Conditions apply. • In Wales, land transaction tax ( LTT ) is payable instead of SDLT. The two taxes (and the reliefs that apply) are broadly similar but there are some technical differences and also differences in the rates of tax that apply:

o For commercial real estate, the rate of tax is 0% on the first £225,000 of the purchase price, 1% on the next £25,000, 5% on the next £750,000 and 6% on the remaining amount. o For residential real estate, the rates are 0% on the first £180,000 of the purchase price, 3.5% on the next £70,000, 5% on the next £150,000, 7.5% on the next £350,000; 10% on the next £750,000 and 12% on the remaining amount. (For a limited period, from 27 July 2020 to 30 June 2021, the Welsh government, in response to the Covid-19 pandemic, introduced a concessionary rate of 0% on the first £250,000 of the purchase price.) Purchases of additional residential real estate (or purchases of residential real estate by companies) attract an additional 4% on each band. There is no first- time buyer’s relief in Wales. o With regard to commercial (but not residential) leases, a 1% rate of LTT is applied to the net present value of the rent above £225,000. Where the net present value exceeds £2m, the rate of LTT for the proportion of the net present value above £2m is 2% rather than 1%. o Unlike in England, NNPs of residential real estate do not pay an enhanced rate of LTT.

• Annual Tax on Enveloped Dwellings ( ATED ) came into effect on 1 April 2013 and is currently payable only in respect of

ILN Real Estate Group – Buying and Selling Real Estate Series

Made with FlippingBook Online newsletter